First, thanks for all your knowledge posted on the board that makes me feel more confident and comfortable about my situation. But I still need some advise about my situation being threatened by a collection agency, Portfin Management Services. I separated with my ex-boyfriend (ex-bf) in Sep 99 and since then, I have not used the Citibank Visa Card on which I was listed as an authorized user (AU). In Mar 00, I saw it appeared my Expirian report as charged off/collection. I called Citibank and Experian and then it was removed/deleted. Since I was not familiar with how the credit system worked, I did not check TransUnion and Equifax. Mid Oct 01, I applied my house mortgage and just realized a Citibank Master Card appeared as charged off in my Equifax report on which I was also an AU. And there was a Gulf State Credit LLC appeared in my Experian report showing a joint account with my ex-bf and this acct has been sold. Well, I really have no idea about these two. After some investigation, I realized these two records were the same thing, all from Citibank Master Card which I have no idea why I was an AU. I disputed with Experian and Equifax by just calling them. Then I got an advice saying that I should write and document dispute letters which I am working on right now. The thing I am very uncomfortable with is, I was stupid enough to call the final collection agency, Portfin Management Services, told them the story, and had them tape my current information on the phone because I thought they were helping me to get my mortgage (please...I know I am hopeless...) Then I realized they just wanted the money. After reading the postings here, I know as an AU, I really don't have the responsibility to pay. But they threatened me this morning, that if I don't settle to pay $2700 out of the total $6800, they'll go for legal action. The weird thing is, they said it's for the visa card. I think to remove this record from both Experian and Equifax is not a problem. But are there any ways that I can have the Portfin Management Services to remove my info from their collection list? They know I am just an AU. Can they really take any legal action against me? And, if I really clean my credit report, does it matter that my name is still in the collection agency? Millions thanks for your help in advance.
AU is "AUTHORIZED USER" no contractual responsibility. Dispute with EQUIFAX, EXPERIAN, and TRANSUNION. Don't offer to pay anything. AU'S were done so you can give a card to your next door neighbor, co-worker, when they buy STUFF for you and you don't expect them to pay...(and they aren't buying stuff for themselves). JOINT is usually for HUSBAND/WIFE maybe with SON/DAUGHTER...CONTRACTUAL RESPONSIBILITY...one or both must pay.
George, thanks for the reply. I don't know if there is any problem with the mortgage because 1. The underwriter is too busy to confirm while my lock-in deadline is this Friday 2. It's charge-off/AU on Equifax and sold/joint on Experian. Portfin has taped my checking account info and the ck# (please... I know I am dumb) but I did not sign anything. I even have cancelled the ck pymt. Now I know I am not obligated, should I call them to remove my name from their list after my disputes succeed, or just let it be? Thanks again!
If you get it removed from the BIG 3, forget about it and enjoy your new house. If you get HELD UP on your mortgage...you can call them (COLLECTION AGENCY) and tell them what an AU means, and that they will be responsible for ALL FEES AND INTEREST AND COSTS INCURRED WHEN YOU LOSE THE HOUSE, AND COSTS RELATING TO YOU HAVE TO START OVER...COULD BE $1,000'S...
Re: HELP! Is it only a threat or no Have you tried telephoning Citibank and asking that they remove this tradeline from your reports? My wife put me on as an AU on her MBNA card years ago. Since she's been 30 days late a few times, those derogatory notations appeared on all three bureau's files for me as well. Since March I've been on a credit cleaning jag and didn't want her rotten stuff on my reports. I simply called MBNA, told them my situation, and they proceded to remove the tradeline from all three reports.
Thank you all for the advise. G.Fisher, I don't believe I have any contract with any creditors because I am an AU for the visa card and have no idea about I am in the name list of the master card. Doc, thanks so much for such detailed guidance. I called Citibank 3 times. The 1st one asked me to call Gulf State. 2nd said he could not find any record. 3rd one gave me their 'credit bureau dept' info and asked me to write to them. I have cmoposed the letter last night but I'll add some of your great statements in the letter before sending it out. So, should I cc my letters to CRAs and Citibank to any parties like the final collection agency "Portfin" who threatened? Or should I send them a "Cease and Desist" letter (but they have not really bothered me yet)? Thanks again!!
I was in a similiar situation about 30 days ago with Citibank...listed as an authorized user on an account that was charged off...I disputed directly with Citibank...the account was also sent to a collection agency...Citibank removed the tradeline from all three bureaus and asked me to destroy any cards in possession and that they had ever right to report the info yada yada yada but made it sound like they were doing me a favor even though I was never financially responsible for the account and hadn't used it in more than 5 years....the number they gave me to call on their reply letter was 1-888-891-2873...I'd just deal with them directly...the collection agency is a waste of time...or dispute to the bureaus directly
Soup, thanks for the info. I just called and the woman was keep on saying that my account was sold, I need to contact this 800-425-0006 number. No matter what I asked (e.g. if it's possible that they sold the wrong information), this person did not let me finish and kept on saying "we don't have your file, you need to contact the 800 number, you have a good day" and at last she said "I have to terminate our conversation, you have to contact the 800 number". She even did not tell me what department she is in. Citibank is the orignial creditor. Can they use the reason "the account is sold, they do not have my file" as an excuse? It's terrible!!
Re: HELP! Is it only a threat or no If their credit line appears in your CRA files, and you mentioned that it does, then they need to remove it. Try Citibank's Office of the General Counsel. If all else fails, you may need to file a small claims lawsuit against both Citibank and the collection agency. You can include both defendants on the same suit. In my county, it costs only $75 to file a small claims suit (this will vary from location to location), you don't need a lawyer, and the clerks are generally helpful. Basically I would allege violations of both the Fair Credit Reporting Act and the Fair Debt Collection Practices Act in reporting and attempting to collect a debt that was never yours. Even better, their own admission that you were only an "Authorized User" on the account supports your claim. Ask them to produce a document with your signature. You can beat these weasels. Doc
Re: HELP! Is it only a threat or no Doc: As you probably now realize, FDCPA would be an incorrect reason to name the creditor. That would most likely require a separate suit against the creditor brought under Agency Law so that he can be held liable for the actions those he contracted with and who broke the law on the behalf of the creditor. The creditor could opt out of the shindig using the fact that he is specifically excluded from FDCPA and then you would have fired a shot that fell short of it's mark by a long ways. There are some other interesting actions that I am looking into at the moment as well and they get a whole lot more serious than even Agency Law. It would not be the least bit difficult to bring charges against them for extremely serious violations of criminal law as well. The problem will/would arise with the legal system itself and the idea of applying actual criminal laws to the creditor which were originally written with high-roller white collar criminals in mind just might get one involved in more hassles than it's worth. An example of how tough it could get might possibly be an example of a lawyer who filed a viod judgment or otherwise fraudulent lawsuit against a person. Since he was/is a professional attorney it was his duty under the law to be sure that all of the elements in his action were procedurally correct and that he did not violate your rights. Most assuredly to the point that he should have known that he at least had to provide some form of affidavit proving that you owed the debt. Yet he failed to meet even minimal standards and stood up before a second person and swore an oath that all the information provided to the court was true and correct to the best of his knowledge. The judge, also an attorney and a legal professional had the minimal duty to ascertain that the facts before the court were true and correct at least to the extent that they were sufficient to grant the court jurisdiction to grant the relief sought. Yet he did not do what his duty demanded of him. He runs a rubber stamp court. An on going criminal enterprise, is it not? Now then, I have no silly intention of seriously thinking about attempting to prove my allegation that any judge-lawyer relationship is an ongoing criminal enterprise however true it might or might not be. But.....................?????????????? {OLL}
Re: HELP! Is it only a threat or no Here's one of my fave links for this: http://lawyerphillips.com/Phillips v. Trans Union et al -- Complaint.htm
Re: HELP! Is it only a threat or no Breeze, have you ever used Mr. Phillips before? I contacted him, he told me to send him everything I had about my case, which I did. He knows that documents must be filed by the 16th and has now not returned emails or phone calls for over 2 weeks. I personnally will never recommend him.
Re: HELP! Is it only a threat or no I know, I read that. I was very disappointed to hear he handled it so badly. No, I have never referred anyone to any high profile lawyer. It is hard enough to get an ordinary lawyer to do what he/she is supposed to. They are busy and they follow the money. But then, don't most people? So if you can give them more publicity, or they can make a lot of money, you have no problem. The rest of us have to nag them to death to get anything done. That's what I do - it works. On the phone, you can't get past the receptionist - so use the fax machine, LOL. they get them!! But his case about the AU reporting is still useful when dealing with that kind of situation.
Re: HELP! Is it only a threat or no Replying about what law firm I use, it is a large firm in Richmond, about 110 mi away. They have on occasion referred me to another lawyer here, depending on the problem and the attorney's area of expertise. They are planning to open an office here. Most of the time, I just call and ask questions, only been to court once. And they handled my judgment - the one I had vacated. To give you a clue how bad it is, I started on that last December, it was finally done in June. And it wasn't complicated. :/
Re: HELP! Is it only a threat or no Thank you Breeze for the info and thanks all people here for your help. I finally got my mortgage approved yesterday (yeh!!) and now I have plenty of time to fight for my credit. I just sent the formal letter and supportive document to Citibank Credit Bureau Dispute (PO Box 6500, Sioux Falls, SD 57117) and told them I have disputed in Expirien and Equifax. I'll see how it goes. If Citibank gives me any hard time, I think I'll need a lawyer then. Again, thank you all!